Police, prison chiefs told to lift their game by NT coroner

The NT coroner has strongly criticised prison authorities for turning a blind eye to an epidemic of synthetic cannabis abuse sweeping Darwin’s main jail.

Coroner Greg Cavanagh.

The Northern Territory Coroner has strongly criticised prison authorities for turning a blind eye to an epidemic of synthetic cannabis abuse sweeping Darwin’s main jail and for interfering with a crime scene after an inmate died.

In his findings delivered on Friday into the 2019 death of ­Christopher Malyschko, Greg ­Cavanagh also slammed the Top End police force for handing him another in a string of allegedly shoddy investigations into high-profile deaths.

Malyschko, who was 31 when he died from “positional asphyxia” related to drug abuse, inhabited the “lifers” wing of Darwin Correctional Centre with convicted killers such as Bradley Murdoch, Shane Thomas and Phu Trinh.

An inquest in November heard that inmates periodically became “stuck” or paralysed after abusing a synthetic drug dubbed Kronic. Some also suffered schizophrenia. Authorities struggled to control the drug, which was not recognised by sniffer dogs.

Jail bosses told Judge Cavanagh there had only been a handful of confirmed incidents involving Kronic. But in his findings, the Coroner revealed that Correctional Services later owned up to recording 51 incidents in the year before Malyschko perished.

“They did not respond to the presence of Kronic in the Darwin Correctional Centre prior to the death of Chris,” he wrote. “They had a drug policy and thought that should be sufficient. The fact that the major forms of detection were ineffective did not prompt any form of review.”

Judge Cavanagh said that after Malyschko was found unconscious, there was “inappropriate movement of items in his cell, likely due to the prison authorities seeking to assess the circumstances of his death prior to police arrival’’. He concluded the “care and supervision of Chris was inadequate”, partly due to an ongoing and unacceptable shortage of educational materials and entertainment.

November’s inquest heard in-person evidence from Murdoch, Trinh and Thomas in what was believed to be the first time any of the trio had spoken publicly since each was separately convicted.

Murdoch told the hearing ­Kronic abuse was “rife” in jail and that he had personally “growled” fellow inmates about it three days before Malyschko died.

Judge Cavanagh accepted the prisoners’ testimony that injuries to Malyschko’s buttocks were more likely caused by attempts to conceal drugs than by sex. But he was unable to explain severe internal bruising identified during an autopsy.

“The police investigation was initially poor,” he wrote. “It seems that the detective allocated (to) the investigation was relatively junior, and there was no adequate supervision … this is not the first time police have allocated a complex case to an inexperienced officer without sufficient supervision and support.”

He recommended the police “do all things necessary” to improve major investigations. Judge Cavanagh also urged prison authorities to ensure no other crime scenes were contaminated, improve inmate rehabilitation, eliminated Kronic and install more CCTV.

NT Correctional Services Commissioner Scott McNairn said prisoners’ safety and wellbeing was a “top priority” for his agency. “Correctional Services has received a copy of the Coroner’s report and will carefully review all the findings and recommendations before responding or making any comments,” he said.

“Any death in custody is a tragedy, and our thoughts are with Mr Malyschko’s family and friends at this difficult time.”

Police Assistant Commissioner Crime, Intelligence and Capability, Nick Anticich, said: “We ­respect the important role the Coroner plays in the inquiry into ­reportable deaths and we ­acknowledge his comments and findings in this matter.”